2nd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to the metropolitan council; providing for an 1.3 elected metropolitan council; regulating economic 1.4 interest statements of candidates and members; 1.5 regulating contributions to, and expenditures by, 1.6 candidates; providing public subsidies to certain 1.7 candidates; requiring a policy advisory committee; 1.8 modifying levy authority; amending Minnesota Statutes 1.9 1996, sections 10A.01, subdivision 5; 10A.09, 1.10 subdivisions 5 and 6a; 10A.25, subdivision 2; 10A.27, 1.11 subdivision 1; 10A.315; 10A.322, subdivision 1; 1.12 10A.323; 10A.324, subdivision 1; 15.0597, subdivision 1.13 1; 204B.06, subdivision 4; 204B.09, subdivisions 1 and 1.14 1a; 204B.11; 204B.135, subdivision 2; 204B.32, 1.15 subdivision 2; 204D.02, subdivision 1; 204D.08, 1.16 subdivision 6; 204D.27, by adding a subdivision; 1.17 209.02, subdivision 1; 211A.01, subdivision 3; 1.18 211B.01, subdivision 3; 353D.01, subdivision 2; 1.19 473.123, subdivisions 1, 2a, 3a, 4, 7, and by adding a 1.20 subdivision; and 473.127; proposing coding for new law 1.21 in Minnesota Statutes, chapters 10A; 204D; and 473; 1.22 repealing Minnesota Statutes 1996, section 473.123, 1.23 subdivision 3. 1.24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.25 Section 1. Minnesota Statutes 1996, section 10A.01, 1.26 subdivision 5, is amended to read: 1.27 Subd. 5. [CANDIDATE.] "Candidate" means an individual who 1.28 seeks nomination or election to any statewide or legislative 1.29 office for which reporting is not required under federal laws. 1.30 The term candidate shall also include an individual who seeks 1.31 nomination or election to supreme court, court of appeals, or 1.32 district court judgeships of the state. "Candidate" also means 1.33 an individual who seeks nomination or election to the 1.34 metropolitan council. An individual shall be deemed to seek 2.1 nomination or election if the individual has taken the action 2.2 necessary under the law of the state of Minnesota to qualify for 2.3 nomination or election, has received contributions or made 2.4 expenditures in excess of $100, or has given implicit or 2.5 explicit consent for any other person to receive contributions 2.6 or make expenditures in excess of $100, for the purpose of 2.7 bringing about the individual's nomination or election. A 2.8 candidate remains a candidate until the candidate's principal 2.9 campaign committee is dissolved as provided in section 10A.24. 2.10 Sec. 2. Minnesota Statutes 1996, section 10A.09, 2.11 subdivision 5, is amended to read: 2.12 Subd. 5. [FORM.] A statement of economic interest required 2.13 by this section shall be on a form prescribed by the board. The 2.14 individual filing shall provide the following information: 2.15 (a) Name, address, occupation and principal place of 2.16 business; 2.17 (b) The name of each associated business and the nature of 2.18 that association; 2.19 (c) A listing of all real property within the state, 2.20 excluding homestead property, in which the individual holds: 2.21 (i) a fee simple interest, a mortgage, a contract for deed as 2.22 buyer or seller, or an option to buy, whether direct or 2.23 indirect, and which interest is valued in excess of $2,500; or 2.24 (ii) an option to buy, which property has a fair market value of 2.25 $50,000 or more; 2.26 (d) A listing of all real property within the state in 2.27 which a partnership of which the individual is a member holds: 2.28 (i) a fee simple interest, a mortgage, a contract for deed as 2.29 buyer or seller, or an option to buy, whether direct or 2.30 indirect, if the individual's share of the partnership interest 2.31 is valued in excess of $2,500 or (ii) an option to buy, which 2.32 property has a fair market value of $50,000 or more. Any 2.33 listing under clause (c) or (d) shall indicate the street 2.34 address and the municipality or the section, township, range and 2.35 approximate acreage, whichever applies, and the county wherein 2.36 the property is located; and 3.1 (e) A listing of any investments, ownership, or interests 3.2 in property connected with pari-mutuel horse racing in the 3.3 United States and Canada, including a race horse, in which the 3.4 individual directly or indirectly holds a partial or full 3.5 interest or an immediate family member holds a partial or full 3.6 interest. 3.7 (f) A candidate for or member of the metropolitan council 3.8 shall also provide the following information: 3.9 (1) the information listed in paragraphs (b) to (e) 3.10 regarding the individual's spouse; and 3.11 (2) all income received by the individual or spouse in 3.12 excess of $500 and the source of the income. 3.13 Sec. 3. Minnesota Statutes 1996, section 10A.09, 3.14 subdivision 6a, is amended to read: 3.15 Subd. 6a. [LOCAL OFFICIALS.] A local official required to 3.16 file a statement under this section shall file it with the 3.17 governing body of the official's political subdivision, except 3.18 that a candidate for or member of the metropolitan council shall 3.19 file the statement with the board. The governing body shall 3.20 maintain statements filed with it under this subdivision as 3.21 public data. 3.22 Sec. 4. Minnesota Statutes 1996, section 10A.25, 3.23 subdivision 2, is amended to read: 3.24 Subd. 2. (a) In a year in which an election is held for an 3.25 office sought by a candidate, no expenditures shall be made by 3.26 the principal campaign committee of that candidate, nor any 3.27 approved expenditures made on behalf of that candidate which 3.28 expenditures and approved expenditures result in an aggregate 3.29 amount in excess of the following: 3.30 (1) for governor and lieutenant governor, running together, 3.31 $1,626,691; 3.32 (2) for attorney general, $271,116; 3.33 (3) for secretary of state, state treasurer, and state 3.34 auditor, separately, $135,559; 3.35 (4) for state senator, $40,669; 3.36 (5) for state representative, $20,335; and 4.1 (6) for metropolitan council member, $47,000. 4.2 (b) If a special election cycle occurs during a general 4.3 election cycle, expenditures by or on behalf of a candidate in 4.4 the special election do not count as expenditures by or on 4.5 behalf of the candidate in the general election. 4.6 (c) The expenditure limits in this subdivision for an 4.7 office are increased by ten percent for a candidate who is 4.8 running for that office for the first time and who has not run 4.9 previously for any other office whose territory now includes a 4.10 population that is more than one-third of the population in the 4.11 territory of the new office. 4.12 Sec. 5. Minnesota Statutes 1996, section 10A.27, 4.13 subdivision 1, is amended to read: 4.14 Subdivision 1. [CONTRIBUTION LIMITS.] Except as provided 4.15 in subdivision 2, no candidate shall permit the candidate's 4.16 principal campaign committee to accept aggregate contributions 4.17 made or delivered by any individual, political committee, or 4.18 political fund in excess of the following: 4.19 (a) to candidates for governor and lieutenant governor 4.20 running together, $2,000 in an election year for the office 4.21 sought and $500 in other years; 4.22 (b) to a candidate for attorney general, $1,000 in an 4.23 election year for the office sought and $200 in other years; 4.24 (c) to a candidate for the office of secretary of state, 4.25 state treasurer or state auditor, $500 in an election year for 4.26 the office sought and $100 in other years; 4.27 (d) to a candidate for state senator, $500 in an election 4.28 year for the office sought and $100 in other years; and 4.29 (e) to a candidate for state representative, or 4.30 metropolitan council member $500 in an election year for the 4.31 office sought and $100 in the other year. 4.32 The following deliveries are not subject to the bundling 4.33 limitation in this subdivision: 4.34 (1) delivery of contributions collected by a member of the 4.35 candidate's principal campaign committee, such as a block worker 4.36 or a volunteer who hosts a fund raising event, to the 5.1 committee's treasurer; and 5.2 (2) a delivery made by an individual on behalf of the 5.3 individual's spouse. 5.4 Sec. 6. [10A.313] [METROPOLITAN COUNCIL PUBLIC SUBSIDY.] 5.5 Subdivision 1. [FUNDING.] The metropolitan council shall 5.6 provide sufficient money to pay the public subsidy provided for 5.7 in this section. 5.8 Subd. 2. [ELIGIBILITY.] A candidate is eligible to receive 5.9 a public subsidy in the amount of $20,000 if the candidate has 5.10 filed with the board a spending limit agreement under section 5.11 10A.322 and an affidavit of matching contributions under section 5.12 10A.323 and the candidate's name will appear on the ballot in 5.13 the general election. 5.14 Subd. 3. [CERTIFICATION.] Within one week after the last 5.15 day for filing a spending limit agreement under section 10A.322 5.16 and an affidavit of matching contributions under section 5.17 10A.323, the board shall certify to the metropolitan council the 5.18 maximum number of candidates who would be eligible to receive 5.19 the public subsidy if they were to survive the primary 5.20 election. Within one week after receiving the certification, 5.21 the metropolitan council shall pay to the board the amount 5.22 necessary to fund the public subsidy for that number of 5.23 candidates. The amount received must be deposited in the state 5.24 treasury and credited to a metropolitan council public subsidy 5.25 account in the special revenue fund. Money in the fund is 5.26 appropriated to the board for purposes of the public subsidy 5.27 program. 5.28 Subd. 4. [PAYMENT.] The board shall pay the public subsidy 5.29 to the eligible candidates as soon as the board has obtained 5.30 from the secretary of state the results of the primary election, 5.31 but not later than one week after certification by the state 5.32 canvassing board of the results of the primary. Any amounts not 5.33 paid to candidates, or returned by them to the board, must be 5.34 returned by the board to the metropolitan council. 5.35 Sec. 7. Minnesota Statutes 1996, section 10A.315, is 5.36 amended to read: 6.1 10A.315 [SPECIAL ELECTION SUBSIDY.] 6.2 Subdivision 1. [LEGISLATIVE OFFICE.] (a) Each eligible 6.3 candidate for a legislative office in a special election must be 6.4 paid a public subsidy equal to the sum of: 6.5 (1) the party account money at the last general election 6.6 for the candidate's party for the office the candidate is 6.7 seeking; and 6.8 (2) the general account money paid to candidates for the 6.9 same office at the last general election. 6.10 (b) If the filing period for the special election coincides 6.11 with the filing period for the general election, the candidate 6.12 must meet the matching requirements of section 10A.323 and the 6.13 special election subsidy must be distributed in the same manner 6.14 as money is distributed to legislative candidates in a general 6.15 election. 6.16 (c) If the filing period for the special election does not 6.17 coincide with the filing period for the general election, the 6.18 procedures in this paragraph apply. A candidate who wishes to 6.19 receive this public subsidy must submit a signed agreement under 6.20 section 10A.322 to the board not later than the day after the 6.21 candidate files the affidavit of candidacy or nominating 6.22 petition for the office. The candidate must meet the matching 6.23 requirements of section 10A.323. The special election subsidy 6.24 must be distributed in the same manner as money in the party and 6.25 general accounts is distributed to legislative candidates in a 6.26 general election. 6.27 (d) The amount necessary to make the payments required by 6.28 this subdivision is appropriated from the general fund to the 6.29 state treasurer. 6.30 Subd. 2. [METROPOLITAN COUNCIL OFFICE.] Each eligible 6.31 candidate for metropolitan council office in a special election 6.32 must be paid a public subsidy equal to the subsidy paid in a 6.33 general election. A candidate who wishes to receive this public 6.34 subsidy must file a spending limit agreement under section 6.35 10A.322 and meet the matching contribution requirements of 6.36 section 10A.323, except that the candidate may count 7.1 contributions received during the two months immediately 7.2 preceding the special election, other than contributions the 7.3 candidate has previously included on an affidavit of match for 7.4 another election, and the amount of match required is 7.5 one-quarter of the amount stated in section 10A.323. The 7.6 special election subsidy must be distributed in the same manner 7.7 as the public subsidy in a general election. 7.8 Sec. 8. Minnesota Statutes 1996, section 10A.322, 7.9 subdivision 1, is amended to read: 7.10 Subdivision 1. [AGREEMENT BY CANDIDATE.] (a) As a 7.11 condition of receiving a public subsidy, a candidate shall sign 7.12 and file with the board a written agreement in which the 7.13 candidate agrees that the candidate will comply with sections 7.14 10A.25 and 10A.324. 7.15 (b) Before the first day of filing for office, the board 7.16 shall forward agreement forms to all filing officers. The board 7.17 shall also provide agreement forms to candidates on request at 7.18 any time. The candidate may sign an agreement and submit it to 7.19 the filing officer on the day of filing an affidavit of 7.20 candidacy or petition to appear on the ballot, in which case the 7.21 filing officer shall without delay forward signed agreements to 7.22 the board. Alternatively, the candidate may submit the 7.23 agreement directly to the board at any time before September 1 7.24 preceding the general election. An agreement may not be filed 7.25 after that date. An agreement once filed may not be rescinded. 7.26 (c) The board shall forward a copy of any agreement signed 7.27 under this subdivision to the commissioner of revenue. 7.28 (d) Notwithstanding any provisions of this section, when a 7.29 vacancy occurs that will be filled by means of a special 7.30 election and the filing period does not coincide with the filing 7.31 period for the general election, a candidate may sign and submit 7.32 a spending limit agreementat any time before the deadline for7.33submission of a signed agreement under section 10A.315not later 7.34 than the day after the candidate files the affidavit of 7.35 candidacy or nominating petition for the office. 7.36 Sec. 9. Minnesota Statutes 1996, section 10A.323, is 8.1 amended to read: 8.2 10A.323 [MATCHING REQUIREMENTS.] 8.3 In addition to the requirements of section 10A.322, to be 8.4 eligible to receive a public subsidy under section 10A.31 or 8.510A.31210A.313, a candidate or the candidate's treasurer shall 8.6 file an affidavit with the board stating that during that 8.7 calendar year the candidate has accumulated contributions from 8.8 persons eligible to vote in this state in the amount indicated 8.9 for the office sought, counting only the first $50 received from 8.10 each contributor: 8.11 (1) candidates for governor and lieutenant governor running 8.12 together, $35,000; 8.13 (2) candidates for attorney general, $15,000; 8.14 (3) candidates for secretary of state, state treasurer, and 8.15 state auditor, separately, $6,000; 8.16 (4) candidates for the senate, $3,000;and8.17 (5) candidates for the house of representatives, $1,500; 8.18 and 8.19 (6) candidates for the metropolitan council, $2,500. 8.20To be eligible to receive a public matching subsidy under8.21section 10A.312,The affidavit must state the total amount of 8.22 contributions that have been received from persons eligible to 8.23 vote in this state and the total amount of those contributions 8.24 received, disregarding the portion of any contribution in excess 8.25 of $50. 8.26 The candidate or the candidate's treasurer shall submit the 8.27 affidavit required by this section to the board in writing by 8.28 September 1 of the general election year to receive the payment 8.29 based on the results of the primary election, by September 15 to 8.30 receive the payment made October 1, by October 1 to receive the 8.31 payment made October 15, by November 1 to receive the payment 8.32 made November 15, and by December 1 to receive the payment made 8.33 December 15. 8.34 Sec. 10. Minnesota Statutes 1996, section 10A.324, 8.35 subdivision 1, is amended to read: 8.36 Subdivision 1. [WHEN RETURN REQUIRED.] A candidate shall 9.1 return all or a portion of the public subsidy received from the 9.2 state elections campaign fund or the public matching subsidy 9.3 received under section 10A.313 or 10A.315, under the 9.4 circumstances in this section or section 10A.25, subdivision 11. 9.5 (a) To the extent that the amount of public subsidy 9.6 received by the candidate exceeds the expenditure limits for the 9.7 office held or sought, as provided in section 10A.25 and as 9.8 adjusted by section 10A.255, the treasurer of the candidate's 9.9 principal campaign committee shall return the excess to the 9.10 board. 9.11 (b) To the extent that the amount of public subsidy 9.12 received exceeds the aggregate of: (1) actual expenditures made 9.13 by the principal campaign committee of the candidate; and (2) 9.14 approved expenditures made on behalf of the candidate, the 9.15 treasurer of the candidate's principal campaign committee shall 9.16 return an amount equal to the difference to the board. 9.17 Sec. 11. Minnesota Statutes 1996, section 15.0597, 9.18 subdivision 1, is amended to read: 9.19 Subdivision 1. [DEFINITIONS.] As used in this section, the 9.20 following terms shall have the meanings given them. 9.21 (a) "Agency" means (1) a state board, commission, council, 9.22 committee, authority, task force, including an advisory task 9.23 force created under section 15.014 or 15.0593, a group created 9.24 by executive order of the governor, or other similar multimember 9.25 agency created by law and having statewide jurisdiction; and (2) 9.26the metropolitan council,a metropolitan agency, capitol area 9.27 architectural and planning board, and any agency with a regional 9.28 jurisdiction created in this state pursuant to an interstate 9.29 compact. 9.30 (b) "Vacancy" or "vacant agency position" means (1) a 9.31 vacancy in an existing agency, or (2) a new, unfilled agency 9.32 position. Vacancy includes a position that is to be filled 9.33 through appointment of a nonlegislator by a legislator or group 9.34 of legislators; vacancy does not mean (1) a vacant position on 9.35 an agency composed exclusively of persons employed by a 9.36 political subdivision or another agency, or (2) a vacancy to be 10.1 filled by a person required to have a specific title or position. 10.2 (c) "Secretary" means the secretary of state. 10.3 Sec. 12. Minnesota Statutes 1996, section 204B.06, 10.4 subdivision 4, is amended to read: 10.5 Subd. 4. [PARTICULAR OFFICES.] Candidates who seek 10.6 nomination for the following offices shall state the following 10.7 additional information on the affidavit: 10.8 (a) for United States senator, that the candidate will be 10.9 30 years of age or older and a citizen of the United States for 10.10 not less than nine years on the next January 3 or, in the case 10.11 of an election to fill a vacancy, within 21 days after the 10.12 special election; 10.13 (b) for United States representative, that the candidate 10.14 will be 25 years of age or older and a citizen of the United 10.15 States for not less than seven years on the next January 3 or, 10.16 in the case of an election to fill a vacancy, within 21 days 10.17 after the special election; 10.18 (c) for governor or lieutenant governor, that on the first 10.19 Monday of the next January the candidate will be 25 years of age 10.20 or older and, on the day of the state general election, a 10.21 resident of Minnesota for not less than one year; 10.22 (d) for supreme court justice, court of appeals judge, or 10.23 district court judge, that the candidate is learned in the law; 10.24 (e) for metropolitan council, county, municipal, school 10.25 district, or special district office, that the candidate meets 10.26 any other qualifications for that office prescribed by law; 10.27 (f) for senator or representative in the legislature, that 10.28 on the day of the general or special election to fill the office 10.29 the candidate will have resided not less than one year in the 10.30 state and not less than six months in the legislative district 10.31 from which the candidate seeks election. 10.32 Sec. 13. Minnesota Statutes 1996, section 204B.09, 10.33 subdivision 1, is amended to read: 10.34 Subdivision 1. [CANDIDATES IN STATE AND COUNTY GENERAL 10.35 ELECTIONS.] Except as otherwise provided by this subdivision, 10.36 affidavits of candidacy and nominating petitions for county, 11.1 metropolitan council, state and federal offices filled at the 11.2 state general election shall be filed not more than 70 days nor 11.3 less than 56 days before the state primary. The affidavit may 11.4 be prepared and signed at any time between 60 days before the 11.5 filing period opens and the last day of the filing period. 11.6 Notwithstanding other law to the contrary, the affidavit of 11.7 candidacy must be signed in the presence of a notarial officer. 11.8 Candidates for presidential electors may file petitions on or 11.9 before the state primary day. Nominating petitions to fill 11.10 vacancies in nominations shall be filed as provided in section 11.11 204B.13. No affidavit or petition shall be accepted later than 11.12 5:00 p.m. on the last day for filing. Affidavits and petitions 11.13 for offices to be voted on in only one county shall be filed 11.14 with the county auditor of that county. Affidavits and 11.15 petitions for offices to be voted on in more than one county 11.16 shall be filed with the secretary of state. 11.17 Sec. 14. Minnesota Statutes 1996, section 204B.09, 11.18 subdivision 1a, is amended to read: 11.19 Subd. 1a. [ABSENT CANDIDATES.] A candidate for county, 11.20 metropolitan council, state, or federal office who will be 11.21 absent from the state during the filing period may submit a 11.22 properly executed affidavit of candidacy, the appropriate filing 11.23 fee, and any necessary petitions in person to the filing 11.24 officer. The candidate shall state in writing the reason for 11.25 being unable to submit the affidavit during the filing period. 11.26 The affidavit, filing fee, and petitions must be submitted to 11.27 the filing officer during the seven days immediately preceding 11.28 the candidate's absence from the state. Nominating petitions 11.29 may be signed during the 14 days immediately preceding the date 11.30 when the affidavit of candidacy is filed. 11.31 Sec. 15. Minnesota Statutes 1996, section 204B.11, is 11.32 amended to read: 11.33 204B.11 [CANDIDATES; FILING FEES; PETITION IN PLACE OF 11.34 FILING FEE.] 11.35 Subdivision 1. [AMOUNT; DISHONORED CHECKS; CONSEQUENCES.] 11.36 Except as provided by subdivision 2, a filing fee shall be paid 12.1 by each candidate who files an affidavit of candidacy. The fee 12.2 shall be paid at the time the affidavit is filed. The amount of 12.3 the filing fee shall vary with the office sought as follows: 12.4 (a) for the office of governor, lieutenant governor, 12.5 attorney general, state auditor, state treasurer, secretary of 12.6 state, representative in Congress, judge of the supreme court, 12.7 judge of the court of appeals, judge of the district court, or 12.8 judge of the county municipal court of Hennepin county, $300; 12.9 (b) for the office of senator in Congress, $400; 12.10 (c) for office of senator or representative in the 12.11 legislature, $100; 12.12 (d) for a metropolitan council or county office, $50; and 12.13 (e) for the office of soil and water conservation district 12.14 supervisor, $20. 12.15 For the office of presidential elector, and for those 12.16 offices for which no compensation is provided, no filing fee is 12.17 required. 12.18 The filing fees received by the county auditor shall 12.19 immediately be paid to the county treasurer. The filing fees 12.20 received by the secretary of state shall immediately be paid to 12.21 the state treasurer. 12.22 When an affidavit of candidacy has been filed with the 12.23 appropriate filing officer and the requisite filing fee has been 12.24 paid, the filing fee shall not be refunded. If a candidate's 12.25 filing fee is paid with a check, draft, or similar negotiable 12.26 instrument for which sufficient funds are not available or that 12.27 is dishonored, notice to the candidate of the worthless 12.28 instrument must be sent by the filing officer via registered 12.29 mail no later than immediately upon the closing of the filing 12.30 deadline with return receipt requested. The candidate will have 12.31 five days from the time the filing officer receives proof of 12.32 receipt to issue a check or other instrument for which 12.33 sufficient funds are available. The candidate issuing the 12.34 worthless instrument is liable for a service charge pursuant to 12.35 section 332.50. If adequate payment is not made, the name of 12.36 the candidate must not appear on any official ballot and the 13.1 candidate is liable for all costs incurred by election officials 13.2 in removing the name from the ballot. 13.3 Subd. 2. [PETITION IN PLACE OF FILING FEE.] At the time of 13.4 filing an affidavit of candidacy, a candidate may present a 13.5 petition in place of the filing fee. The petition may be signed 13.6 by any individual eligible to vote for the candidate. A 13.7 nominating petition filed pursuant to section 204B.07 or 13.8 204B.13, subdivision 4, is effective as a petition in place of a 13.9 filing fee if the nominating petition includes a prominent 13.10 statement informing the signers of the petition that it will be 13.11 used for that purpose. 13.12 The number of signatures on a petition in place of a filing 13.13 fee shall be as follows: 13.14 (a) for a state office voted on statewide, or for president 13.15 of the United States, or United States senator, 2,000; 13.16 (b) for a congressional office, 1,000; 13.17 (c) for a county, metropolitan council, or legislative 13.18 office, or for the office of district, county, or county 13.19 municipal judge, 500; and 13.20 (d) for any other office which requires a filing fee as 13.21 prescribed by law, municipal charter, or ordinance, the lesser 13.22 of 500 signatures or five percent of the total number of votes 13.23 cast in the municipality, ward, or other election district at 13.24 the preceding general election at which that office was on the 13.25 ballot. 13.26 An official with whom petitions are filed shall make sample 13.27 forms for petitions in place of filing fees available upon 13.28 request. 13.29 Sec. 16. Minnesota Statutes 1996, section 204B.135, 13.30 subdivision 2, is amended to read: 13.31 Subd. 2. [OTHER ELECTION DISTRICTS.] For purposes of this 13.32 subdivision, "local government election district" means a county 13.33 district, park and recreation district, school district, 13.34 metropolitan council district, or soil and water conservation 13.35 district. Local government election districts, other than city 13.36 wards covered by subdivision 1, may not be redistricted until 14.1 precinct boundaries are reestablished under section 204B.14, 14.2 subdivision 3, paragraph (c). Election districts covered by 14.3 this subdivision must be redistricted within 80 days of the time 14.4 when the legislature has been redistricted or at least 15 weeks 14.5 before the state primary election in the year ending in two, 14.6 whichever comes first. 14.7 Sec. 17. Minnesota Statutes 1996, section 204B.32, 14.8 subdivision 2, is amended to read: 14.9 Subd. 2. [ALLOCATION OF ELECTION EXPENSES.] The secretary 14.10 of state shall develop procedures for the allocation of election 14.11 expenses among counties, municipalities,andschool districts, 14.12 and the metropolitan council for elections that are held 14.13 concurrently. The following expenses must be included in the 14.14 procedures: salaries of election judges; postage for absentee 14.15 ballots and applications; preparation of polling places; 14.16 preparation and testing of electronic voting systems; ballot 14.17 preparation; publication of election notices and sample ballots; 14.18 transportation of ballots and election supplies; and 14.19 compensation for administrative expenses of the county auditor, 14.20 municipal clerk, or school district clerk. 14.21 Sec. 18. Minnesota Statutes 1996, section 204D.02, 14.22 subdivision 1, is amended to read: 14.23 Subdivision 1. [OFFICERS.] All elective state, 14.24 metropolitan council, and county officers, justices of the 14.25 supreme court, judges of the court of appeals, district, county 14.26 and county municipal courts, state senators and state 14.27 representatives, and senators and representatives in Congress 14.28 shall be elected at the state general election held in the year 14.29 before their terms of office expire. Presidential electors 14.30 shall be chosen at the state general election held in the year 14.31 before the expiration of a term of a president of the United 14.32 States. 14.33 Sec. 19. Minnesota Statutes 1996, section 204D.08, 14.34 subdivision 6, is amended to read: 14.35 Subd. 6. [STATE AND COUNTY NONPARTISAN PRIMARY BALLOT.] 14.36 The state and county nonpartisan primary ballot shall be headed 15.1 "State and County Nonpartisan Primary Ballot." It shall be 15.2 printed on canary paper. The names of candidates for nomination 15.3 to the supreme court, court of appeals, district, county and 15.4 county municipal courts and all metropolitan council and county 15.5 offices shall be placed on this ballot. 15.6 No candidate whose name is placed on the state and county 15.7 nonpartisan primary ballot shall be designated or identified as 15.8 the candidate of any political party or in any other manner 15.9 except as expressly provided by law. 15.10 Sec. 20. [204D.265] [VACANCY IN OFFICE OF METROPOLITAN 15.11 COUNCIL MEMBER.] 15.12 Subdivision 1. [ELECTION IN 30 TO 60 DAYS.] Except as 15.13 provided in subdivision 3, a vacancy in the office of 15.14 metropolitan council member must be filled at a special election 15.15 scheduled by the metropolitan council on a date not less than 30 15.16 nor more than 60 days after the vacancy occurs. The special 15.17 primary or special election may be held on the same day as a 15.18 regular primary or regular election but the special election 15.19 must be held not less than 14 days after the special primary. 15.20 The person elected at the special election shall take office 15.21 immediately after receipt of the certificate of election and 15.22 upon taking the oath of office and shall serve the remainder of 15.23 the unexpired term. If the metropolitan council districts have 15.24 been redrawn since the commencement of the term of the vacant 15.25 office, the election shall be based on the district as redrawn. 15.26 Subd. 2. [WHEN VICTOR SEATED IMMEDIATELY.] If a vacancy 15.27 for which a special election is required occurs less than 60 15.28 days before the general election preceding the end of the term, 15.29 the vacancy must be filled by the person elected at that 15.30 election for the ensuing term who shall take office immediately 15.31 after receiving the certificate of election and taking the oath 15.32 of office. 15.33 Subd. 3. [INABILITY OR REFUSAL TO SERVE.] In addition to 15.34 the events specified in section 351.02, a vacancy in the office 15.35 of metropolitan council member may be declared by the 15.36 metropolitan council when a member is unable to serve in the 16.1 office or attend council meetings for a 90-day period because of 16.2 illness, or because of absence from or refusal to attend council 16.3 meetings for a 90-day period. If any of the preceding 16.4 conditions occur, the council may, after the council by 16.5 resolution has declared a vacancy to exist, make an appointment 16.6 to fill the vacancy at a regular or special meeting for the 16.7 remainder of the unexpired term or until the ill or absent 16.8 member is again able to resume duties and attend council 16.9 meetings, whichever is earlier. If the original member is again 16.10 able to resume duties and attend council meetings, the council 16.11 shall by resolution so determine and remove the appointed 16.12 officeholder and restore the original member to office. 16.13 Sec. 21. Minnesota Statutes 1996, section 204D.27, is 16.14 amended by adding a subdivision to read: 16.15 Subd. 12. [SPECIAL METROPOLITAN COUNCIL ELECTION.] (a) 16.16 [STATE CANVASSING BOARD.] Except as provided in subdivision 4, 16.17 the state canvassing board shall complete its canvass of a 16.18 special election for metropolitan council member and declare the 16.19 results within four days, excluding Sundays and legal holidays, 16.20 after the returns of the county canvassing boards are certified 16.21 to the secretary of state. 16.22 (b) [ELECTION CONTEST.] In case of a contest of a special 16.23 election for metropolitan council member, the notice of contest 16.24 must be filed within two days, excluding Sundays and legal 16.25 holidays, after the canvass is completed, and the contest 16.26 otherwise must proceed in the manner provided by law for 16.27 contesting elections. 16.28 (c) [CERTIFICATE OF ELECTION.] A certificate of election in 16.29 a special election for metropolitan council member must be 16.30 issued by the county auditor or the secretary of state to the 16.31 individual declared elected by the county or state canvassing 16.32 board two days, excluding Sundays and legal holidays, after the 16.33 appropriate canvassing board finishes canvassing the returns for 16.34 the election. In case of a contest, the certificate must not be 16.35 issued until the district court determines the contest. 16.36 Sec. 22. Minnesota Statutes 1996, section 209.02, 17.1 subdivision 1, is amended to read: 17.2 Subdivision 1. Any eligible voter, including a candidate, 17.3 may contest in the manner provided in this chapter: (1) the 17.4 nomination or election of any person for whom the voter had the 17.5 right to vote if that person is declared nominated or elected to 17.6 the senate or the house of representatives of the United States, 17.7 or to a statewide, metropolitan council, county, legislative, 17.8 municipal, school, or district court office; or (2) the declared 17.9 result of a constitutional amendment or other question voted 17.10 upon at an election. The contest may be brought over an 17.11 irregularity in the conduct of an election or canvass of votes, 17.12 over the question of who received the largest number of votes 17.13 legally cast, over the number of votes legally cast in favor of 17.14 or against a question, or on the grounds of deliberate, serious, 17.15 and material violations of the Minnesota election law. 17.16 Sec. 23. Minnesota Statutes 1996, section 211A.01, 17.17 subdivision 3, is amended to read: 17.18 Subd. 3. [CANDIDATE.] "Candidate" means an individual who 17.19 seeks nomination or election to a county, municipal, school 17.20 district, or other political subdivision office. This 17.21 definition does not include an individual seeking a judicial 17.22 office or a seat on the metropolitan council. For purposes of 17.23 sections 211A.01 to 211A.05 and 211A.07, "candidate" also 17.24 includes a candidate for the United States Senate or House of 17.25 Representatives. 17.26 Sec. 24. Minnesota Statutes 1996, section 211B.01, 17.27 subdivision 3, is amended to read: 17.28 Subd. 3. [CANDIDATE.] "Candidate" means an individual who 17.29 seeks nomination or election to a federal, statewide, 17.30 metropolitan council, legislative, judicial, or local office 17.31 including special districts, school districts, towns, home rule 17.32 charter and statutory cities, and counties, except candidates 17.33 for president and vice-president of the United States. 17.34 Sec. 25. Minnesota Statutes 1996, section 353D.01, 17.35 subdivision 2, is amended to read: 17.36 Subd. 2. [ELIGIBILITY.] (a) Eligibility to participate in 18.1 the defined contribution plan is available to: 18.2 (1) elected local government officials of a governmental 18.3 subdivision who elect to participate in the plan under section 18.4 353D.02, subdivision 1, and who, for the elected service 18.5 rendered to a governmental subdivision, are not members of the 18.6 public employees retirement association within the meaning of 18.7 section 353.01, subdivision 7; 18.8 (2) physicians who, if they did not elect to participate in 18.9 the plan under section 353D.02, subdivision 2, would meet the 18.10 definition of member under section 353.01, subdivision 7; and 18.11 (3) basic and advanced life support emergency medical 18.12 service personnel employed by or providing services for any 18.13 public ambulance service or privately operated ambulance service 18.14 that receives an operating subsidy from a governmental entity 18.15 that elects to participate under section 353D.02, subdivision 3. 18.16 (b) For purposes of this chapter, an elected local 18.17 government official includes a person appointed to fill a 18.18 vacancy in an elective office and a member of the metropolitan 18.19 council. Service as an elected local government official only 18.20 includes service for the governmental subdivision for which the 18.21 official was elected by the public-at-large. Service as an 18.22 elected local government official ceases and eligibility to 18.23 participate terminates when the person ceases to be an elected 18.24 official. An elected local government official does not include 18.25 an elected county sheriff. 18.26 (c) Elected local government officials, physicians, and 18.27 first response personnel and emergency medical service personnel 18.28 who are currently covered by a public or private pension plan 18.29 because of their employment or provision of services are not 18.30 eligible to participate in the public employees defined 18.31 contribution plan. 18.32 (d) A former participant is a person who has terminated 18.33 eligible employment or service and has not withdrawn the value 18.34 of the person's individual account. 18.35 Sec. 26. Minnesota Statutes 1996, section 473.123, 18.36 subdivision 1, is amended to read: 19.1 Subdivision 1. [CREATION.] A metropolitan council with 19.2 jurisdiction in the metropolitan area is established as a public 19.3 corporation and political subdivision of the state. It shall be 19.4 under the supervision and control of1716 members, all of whom 19.5 shall be residents of the metropolitan area. 19.6 Sec. 27. Minnesota Statutes 1996, section 473.123, 19.7 subdivision 2a, is amended to read: 19.8 Subd. 2a. [TERMS.] Following eachapportionmentredrawing 19.9 of council districts, as provided under subdivision 3a, council 19.10 members must beappointedelected on a nonpartisan basis from 19.11 newly drawn districts as provided in subdivision 3a. Each 19.12 council member, other than the chair,must reside in the council 19.13 district represented. Each council district must be represented 19.14 by one member of the council. The terms of membersend with the19.15term of the governor, except that all terms expire on the19.16effective date of the next apportionment. A member serves at19.17the pleasure of the governorare as follows: members 19.18 representing even-numbered districts for terms ending the first 19.19 Monday in January of the year ending in the numeral "7"; members 19.20 representing odd-numbered districts for terms ending the first 19.21 Monday in January of the year ending in the numeral "5". 19.22 Thereafter, the term of each member is four years, with terms 19.23 ending the first Monday in January, except that all terms expire 19.24 the first Monday in January after the effective date of the next 19.25 redistricting. A member shall continue to serve the member's 19.26 district until a successor isappointedelected and qualified;19.27except that, following each apportionment, the member shall19.28continue to serve at large until the governor appoints 1619.29council members, one from each of the newly drawn council19.30districts as provided under subdivision 3a, to serve terms as19.31provided under this section. The appointment to the council19.32must be made by the first Monday in March of the year in which19.33the term ends. 19.34 Sec. 28. Minnesota Statutes 1996, section 473.123, 19.35 subdivision 3a, is amended to read: 19.36 Subd. 3a. [REDISTRICTING.] Thelegislaturemetropolitan 20.1 council shall redraw the boundaries of the council districts 20.2 after each decennial federal censusso that each district has20.3substantially equal population. Redistricting is effective in20.4the year ending in the numeral "3." Within 60 days after a20.5redistricting plan takes effect, the governor shall appoint20.6memberswithin the time provided in section 204B.135, 20.7 subdivision 2. Council districts must be bounded by town, 20.8 municipal, ward, or precinct lines. A district must be composed 20.9 of contiguous territory as regular and compact in form as 20.10 practicable, and the districts must be substantially equal in 20.11 population. No district may vary in population more than five 20.12 percent from the average for all districts, unless the result 20.13 forces a voting precinct to be split. If it appears after a 20.14 federal census that the districts are not in accord with the 20.15 standards in this subdivision, the council must be redistricted 20.16 within the times set in section 204B.135, subdivision 2. Before 20.17 acting to redistrict, the council shall publish three weeks' 20.18 notice of its purpose, stating the time and place of the meeting 20.19 where the matter will be considered, in newspapers of general 20.20 circulation. The council shall file a map of the new districts 20.21 with the secretary of state. Council members elected from the 20.22 newly drawn districtstoserve terms as provided under 20.23 subdivision 2a. 20.24 Sec. 29. Minnesota Statutes 1996, section 473.123, 20.25 subdivision 4, is amended to read: 20.26 Subd. 4. [CHAIR;APPOINTMENT,OFFICERS,; SELECTION; DUTIES 20.27AND COMPENSATION.] (a) The chair of the metropolitan council 20.28shall be appointed by the governor as the 17th voting member20.29thereof by and with the advice and consent of the senate to20.30serve at the pleasure of the governor to represent the20.31metropolitan area at large. Senate confirmation shall be as20.32provided by section 15.066must be elected by and from among the 20.33 members of the council at the first meeting of the council after 20.34 the first Monday in January each year and serves for a term of 20.35 one year. In the event of a tie vote, the chair shall decide 20.36 the issue. 21.1 The chair of the metropolitan council shall, if present, 21.2 preside at meetings of the council, have the primary 21.3 responsibility for meeting with local elected officials, serve 21.4 as the principal legislative liaison, present to the governor 21.5 and the legislature, after council approval, the council's plans 21.6 for regional governance and operations, serve as the principal 21.7 spokesperson of the council, and perform other duties assigned 21.8 by the council or by law. 21.9 (b) The metropolitan council shall elect other officers as 21.10 it deems necessary for the conduct of its affairs for a one-year 21.11 term. A secretary and treasurer need not be members of the 21.12 metropolitan council. Meeting times and places shall be fixed 21.13 by the metropolitan council and special meetings may be called 21.14 by a majority of the members of the metropolitan council or by 21.15 the chair.The chair and each metropolitan council member shall21.16be reimbursed for actual and necessary expenses. The annual21.17budget of the council shall provide as a separate account21.18anticipated expenditures for compensation, travel, and21.19associated expenses for the chair and members, and compensation21.20or reimbursement shall be made to the chair and members only21.21when budgeted.21.22 (c) Each member of the council shall attend and participate 21.23 in council meetings and meet regularly with local elected 21.24 officials and legislative members from the council member's 21.25 district. Each council member shall serve on at least one 21.26 division committee for transportation, environment, or community 21.27 development. 21.28 (d) In the performance of its duties the metropolitan 21.29 council may adopt policies and procedures governing its 21.30 operation, establish committees, and, when specifically 21.31 authorized by law, make appointments to other governmental 21.32 agencies and districts. 21.33 Sec. 30. Minnesota Statutes 1996, section 473.123, is 21.34 amended by adding a subdivision to read: 21.35 Subd. 4a. [COMPENSATION.] Each metropolitan council member 21.36 must be paid as authorized by the metropolitan council, but not 22.1 to exceed $12,000 per year. The chair and each metropolitan 22.2 council member must be reimbursed for actual and necessary 22.3 expenses. The annual budget of the council must provide as a 22.4 separate account anticipated expenditures for compensation, 22.5 travel, and associated expenses for the chair and members, and 22.6 compensation or reimbursement must be made to the chair and 22.7 members only when budgeted. 22.8 Sec. 31. Minnesota Statutes 1996, section 473.123, 22.9 subdivision 7, is amended to read: 22.10 Subd. 7. [PERFORMANCE AND BUDGET ANALYST.] The council,22.11other than the chair,may hire a performance and budget analyst 22.12 to assist the16councilmemberswith policy and budget analysis 22.13 and evaluation of the council's performance. The analyst may 22.14 recommend and the council may hire up to two additional analysts 22.15 to assist the council with performance evaluation and budget 22.16 analysis. The analyst and any additional analysts hired shall 22.17 serve at the pleasure of the council members. The16 members of22.18thecouncil may prescribe all terms and conditions for the 22.19 employment of the analyst and any additional analysts hired, 22.20 including, but not limited to, the fixing of compensation, 22.21 benefits, and insurance. The analyst shall prepare the budget 22.22 for the provisions of thissectionsubdivision and submit the 22.23 budget for council approval and inclusion in the council's 22.24 overall budget. 22.25 Sec. 32. Minnesota Statutes 1996, section 473.127, is 22.26 amended to read: 22.27 473.127 [ADVISORY COMMITTEES.] 22.28 Subdivision 1. [GENERAL.] The metropolitan council may 22.29 establish and appoint persons to advisory committees to assist 22.30 the metropolitan council in the performance of its duties. 22.31 Members of the advisory committees shall serve without 22.32 compensation but shall be reimbursed for their reasonable 22.33 expenses as determined by the metropolitan council. 22.34 Subd. 2. [METROPOLITAN POLICY ADVISORY COMMITTEE.] The 22.35 metropolitan council shall establish a metropolitan policy 22.36 advisory committee. The committee must consist of 21 members, 23.1 all of whom must be local elected officials. The committee 23.2 shall provide advice to the metropolitan council on its policies 23.3 and plans. The council may establish a technical advisory 23.4 committee to the metropolitan policy advisory committee, 23.5 consisting of planning specialists, citizens, and business 23.6 representatives. 23.7 Sec. 33. [473.248] [LEVY CAP.] 23.8 (a) Notwithstanding any other provision in this chapter, 23.9 the metropolitan council shall not levy in any year a dollar 23.10 amount that is greater than that levied in 1996, payable in 23.11 1997, for any purpose for which the council is authorized to 23.12 levy, except as follows: 23.13 (1) for payment of bonded indebtedness as required by law 23.14 and the debt instruments; and 23.15 (2) for transit levies under section 473.446. 23.16 (b) Notwithstanding any other provision in this chapter, 23.17 the metropolitan council shall not levy for taxes levied in 23.18 1997, 1998, and 1999, for transit purposes under section 23.19 473.446, except for bonds or other debt obligations, an amount 23.20 greater than the amount they are allowed to levy for that 23.21 purpose in the previous year plus the amount of homestead and 23.22 agricultural credit aid the metropolitan council was certified 23.23 to receive under section 273.1398 in the previous year 23.24 multiplied by: 23.25 (1) one plus a percentage equal to the percentage growth in 23.26 the implicit price deflator; and 23.27 (2) one plus a percentage equal to the percentage increase 23.28 in number of households, if any, for the most recent 12-month 23.29 period for which data is available; and 23.30 reduced by the sum of homestead and agricultural credit aid it 23.31 is certified to receive under section 273.1398. 23.32 (c) For purposes of paragraph (b): 23.33 (1) "Implicit price deflator" means the implicit price 23.34 deflator for government purchases of goods and services for 23.35 state and local governments prepared by the bureau of economic 23.36 analysis of the United States Department of Commerce for the 24.1 12-month period ending in June of the levy year; 24.2 (2) "number of households" means the number of households 24.3 for the metropolitan council as established by the last federal 24.4 census, by a census taken under section 275.14, or by an 24.5 estimate made by the metropolitan council or by the state 24.6 demographer under section 4A.02, whichever is most recent as to 24.7 the stated date of the count or estimate up to and including 24.8 July 1 of the current levy year; and 24.9 (3) for taxes levied in 1997 only, the amount the 24.10 metropolitan council is allowed to levy in the previous year is 24.11 the amount it levied for transit purposes under section 473.446, 24.12 except for bonds or other debt obligations, in 1996. 24.13 Sec. 34. [TRANSITION.] 24.14 Subdivision 1. [CONTINUATION OF TERMS.] The appointed 24.15 chair and appointed metropolitan council members holding office 24.16 on the effective date of this section, and any successor 24.17 appointed to serve as the council chair or as a member, shall 24.18 continue in office until the first Monday in January 1999. The 24.19 requirement that the chair must reside in the council district 24.20 represented does not apply until the first Monday in January 24.21 1999. 24.22 Subd. 2. [INITIAL TERMS.] For the elected metropolitan 24.23 council taking office on the first Monday in January 1999, the 24.24 terms of the members representing even-numbered districts end 24.25 the first Monday in January 2003, and the terms of the members 24.26 representing odd-numbered districts end the first Monday in 24.27 January 2001. 24.28 Sec. 35. [REPEALER.] 24.29 Minnesota Statutes 1996, section 473.123, subdivision 3, is 24.30 repealed. 24.31 Sec. 36. [APPLICATION.] 24.32 This act applies in the counties of Anoka, Carver, Dakota, 24.33 Hennepin, Ramsey, Scott, and Washington. 24.34 Sec. 37. [EFFECTIVE DATES.] 24.35 Sections 11, 16, 25, 26, 28 to 32, and 35 are effective the 24.36 first Monday in January 1999. The remainder of this act is 25.1 effective the day after its final enactment.